Taking your own action

Noise nuisance taking your own action.

Noisy Neighbours Law – Going it Alone

Whilst we would always advise using your local authority service before resorting to taking your own action against the perpetrator of the noise, there are other options available to you. Included in the range of noisy neighbours law is the “section 82” option. Section 82 of the Environmental Protection Act 1990 can be viewed here.

We recommend you try to resolve problems informally before taking formal action yourself and explore other possibilities. For example by taking up the issue with your neighbours landlord. Landlords like housing authorities and associations have a responsibility to help protect you against issues arising from their property that affect you in your home.

If the noise is associated with licensed premises (for example those selling alcohol or offering entertainment) you or the licensing officer can talk to operators and help solve problems. In most areas of the UK you can also apply for the licence to be reviewed if there are public nuisance issues. Successful reviews may help reduce noise through the reduction of permitted operating hours.

Taking Your Own Action

If informal methods do not work, in most areas of the UK, you can also take your own statutory nuisance action against perpetrators of noise (using pretty much the same legislation as the local authority). This is referred to as section 82 action and involves the aggrieved party making a complaint direct to the magistrate’s court.

You don’t need a solicitor to do this and need not cost much. However, there are risks involved when taking your own action so you may wish to seek legal advice.

If you do take your own action you should prepare your case carefully, gather plenty of evidence and follow legal procedures very carefully. As always with statutory nuisance the quality and quantity of your evidence will be the key to your success.

There are some important steps that should be followed if you wish to take your own action including providing a written warning to your neighbour so, if you are going to go down this route,  you will benefit from some further guidance. We have some more information on this subject in our Resources.

Other private action are possibilities in some circumstances such as seeking a civil claim for damages or an injunction. There is also mediation. However, we strongly advise that you read the additional information in our Resources as that will help inform you and prepare you for taking your own action. Our membership sections provide a full explanation of noisy neighbours law and how you can get the matter investigated properly before taking your own action.